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Worker burned by asphalt, company fined $70K

R&N Maintenance, also known as Rann Maintenance, from Guelph, Ont. has been fined $70,000 after a worker received critical injuries when a kettle with molten asphalt sealant was spilled. The court also imposed a 25 per cent victim fine surcharge as required by the Provincial Offences Act.

The injured worker was a member of a crew performing road maintenance in Toronto on Sept. 26, 2016.

While travelling a short distance between sites, workers were instructed to ride in the back of a truck. The truck also contained a functioning kettle with molten asphalt sealant with a temperature of about 165 C. The truck stopped abruptly and the molten material in the kettle spilled onto one worker, causing serious injuries.

The Ministry of Labour investigation determined the company failed as an employer to take every precaution reasonable in the circumstances for the protection of a worker.

This was a violation of Section 25(2)(h) of the Occupational Health and Safety Act. The company failed to ensure that material or things were transported or stored so that the material or things are carried or moved in such a way and with such precautions and safeguards as will ensure that the transportation or storing of the material or things does not endanger the safety of a worker.